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California Sportfishing v. Verco Decking

October 26, 2012

CALIFORNIA SPORTFISHING PROTECTION ALLIANCE, A NON-PROFIT CORPORATION, PLAINTIFF,
v.
VERCO DECKING, INC., A CORPORATION, DEFENDANT.



The opinion of the court was delivered by: The Hon. Susan Illston United States District Judge

NOTICE OF SETTLEMENT; STIPULATION AND [PROPOSED] ORDER STAYING PROCEEDINGS AND VACATING EXISTING DATES

Judge: Hon. Susan Illston

Case Mgt. conference continued to 2/8/13 at 2:30 p.m. PLEASE TAKE NOTICE that the parties have reached a settlement resolving all claims 25 in this action. Entry of the settlement, however, must await the expiration of the federal agencies' 26 45-day review period required by the Federal Water Pollution Control Act, 33 U.S.C. § 27 28 Notice of Settlement; Stip. and [Proposed] Order Staying Proceedings and Case No. C12-00184 23505\3304992.1

Vacating Existing Dates

1365(c)(2).*fn1

3 judgment disposing of this action may be entered prior to 45 days following the receipt of the 4 proposed settlement agreement by the United States Department of Justice and the national and 5

(requiring the parties to provide notice to the court of the 45-day agency review period under 33 7

PLEASE TAKE FURTHER NOTICE that, in accordance with federal law, no Region IX offices of the United States Environmental Protection Agency. See 40 C.F.R. § 135.5 6

U.S.C. § 1365(c)). Such notice was mailed to the agencies on October 11, 2012. The regulatory 8 agencies' review period will end by approximately December 4, 2012 (allowing forty-five days 9 for agency review and approximately nine days for mailing time). If any of the reviewing 10 agencies object to the proposed Consent Agreement, the parties may require additional time to 11 meet and confer and attempt to resolve the agencies' concerns. At the end of the 45-day review 12 period, the parties will file the proposed Consent Agreement for review and approval by the 13

In light of the settlement agreement entered into by the parties and the need to await the

15 conclusion of the agencies' 45-day review period, Plaintiff California Sportfishing Protection 16

Alliance ("CSPA") and Defendant Verco Decking Inc. ("Verco"), through their respective 17 counsel, stipulate and agree as follows:

20 since the filing of the Complaint; 21

Agreement on October 8, 2012; 23 certified mail, return receipt requested, to the U.S. EPA and the U.S. Department of Justice and must now await the completion of the 45-day review ...


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